AuthorTitleCitationSummaryYear
Andy Man Chung Chiu , Vera Moon Hing Lam Law-ing the Harmonic Familial Relationship 8 Buffalo Women's Law Journal 25 (1999-2000) The number of child abuse cases in Hong Kong has increased over the last nine years. What is worth our attention is that most of them happen in a domestic context. These alarming statistics have mobilized a number of activists in Hong Kong to address child domestic violence. However, the continuous growth in the number of child abuse cases gives... 2000
Sevine Ercmann, LLM Linking Human Rights, Rights of Indigenous People and the Environment 7 Buffalo Environmental Law Journal 15 (Spring, 2000) I. L2-4,T4Introduction 16 II. L2-4,T4Right to a Decent or Healthy Environment 17 III. L2-4,T4European Convention of Human Rights and Environmental Protection 19 A. L3-4,T4Examples of Case Law: In General 19 B. L3-4,T4Environmental Rights of Indigenous Peoples 26 1. International Level. 27 2. Case Law of the European Convention of Human Rights &... 2000
Peter K. Wahl Little Power to Help Brenda? A Defense of the Indian Child Welfare Act and its Continued Implementation in Minnesota 26 William Mitchell Law Review 811 (2000) I. Introduction. 812 II. Background of the Indian Child Welfare Act. 815 A. The History of Indian Child Placement Programs. 816 B. The History of ICWA. 817 III. The Indian Child Welfare Act. 820 A. Provisions of the Indian Child Welfare Act. 820 1. Notice Provisions. 821 2. Jurisdiction Provisions. 821 a. Public Law 280. 822 b. Tribal Power in... 2000
Spencer L. Sears Mattaponi Indian Tribe V. Virginia, 524 S.e.2d 167 (Va. Ct. App. 2000) (Holding That Appellants Had No Standing to Challenge a Permit Issued by the State Which Certified That a Reservoir Project Would Comply with the Clean Water Act). 3 University of Denver Water Law Review 497 (Spring 2000) In December 1997, the State Water Control Board (Board) issued a Virginia Water Protection Permit (VWPP) to the City of Newport News (City) to enable the City and surrounding communities to go forward with a proposed reservoir project. The King William Reservoir project was to consist of a 1526-acre impoundment produced by a new dam across... 2000
Matt Kitzi Miami County Vice & "Why Not the Wyandottes?": Two Tales of the Struggle to Bring New Indian Gaming Facilities to Kansas 68 UMKC Law Review 711 (Summer, 2000) C1-5TABLE OF CONTENTS I. L2-4,T4Native American Gaming for New Tribes in Kansas 712 II. L2-4,T4Origins and Development of Indian Gaming 713 A. L3-4,T4Foundations in Sovereignty & the Trust Doctrine 713 1. A Domestic Dependent Nation. 713 2. Gaming through the Trust Doctrine. 715 B. L3-4,T4Evolution of Indian Gaming 716 1. Cabazon and Case Law.... 2000
Angela L. Raver Minnesota V. Mille Lacs Band of Chippewa Indians 26 Ohio Northern University Law Review 815 (2000) For more than 150 years the Chippewa Indians have been fighting to retain their rights of usage to land once owned by them but later ceded to the United States. The issues in Minnesota v. Mille Lacs Band of Chippewa Indians concerned the interpretation of an 1837 Treaty. This treaty reserved the rights of hunting, fishing, and gathering to the... 2000
Kari Krogseng Minnesota V. Mille Lacs Band of Chippewa Indians 27 Ecology Law Quarterly 771 (2000) As natural resources become scarcer, conflicts often arise between Indian treaty rights and state conservation management policies. The Supreme Court resolved one such conflict in Minnesota v. Mille Lacs Band of Chippewa Indians, where the Court upheld treaty rights to hunt and fish to the extent allowed by a conservation necessity standard. This... 2000
Joshua C. Quinter Minnesota V. Mille Lacs Band of Chippewa Indians: Should the Courts Interpret Treaty Law to Empower Traditional Native American Tribes to Hatchet the Environment? 11 Villanova Environmental Law Journal 461 (2000) As increasing globalization brings countries and cultures closer together, treaty law will play a major role in the protection of the environment and the preservation of natural resources. In the recent decision of Minnesota v. Mille Lacs Band of Chippewa Indians the United States Supreme Court confronted the impact treaties, which bind the United... 2000
Joshua C. Quinter MINNESOTA V. MILLE LACS BAND OF CHIPPEWA INDIANS: SHOULD THE COURTS INTERPRET TREATY LAW TO EMPOWER TRADITIONAL NATIVE AMERICAN TRIBES TO HATCHET THE ENVIRONMENT? 11 Villanova Environmental Law Journal 461 (2000) As increasing globalization brings countries and cultures closer together, treaty law will play a major role in the protection of the environment and the preservation of natural resources. In the recent decision of Minnesota v. Mille Lacs Band of Chippewa Indians the United States Supreme Court confronted the impact treaties, which bind the United... 2000
Jason Ravnsborg Minnesota V. Mille Lacs Band of Chippewa Indians: the Court Goes on its Own Hunting and Fishing Expedition 4 Great Plains Natural Resources Journal 312 (Spring/Summer, 2000) I. L2-3Introduction 312 II. L2-3Facts and Procedure 314 A. History of the Parties. 314 B. Legal Traditions. 315 III. L2-3Background 320 A. 1850 Executive Order. 321 B. 1855 Treaty. 323 C. Equal Footing Doctrine. 323 IV. L2-3Analysis 327 A. 1850 Executive Order. 328 B. 1855 Treaty. 329 C. 1858 Admission of Minnesota into the Union. 330 D. Justice... 2000
Mark D. Rosen Multiple Authoritative Interpreters of Quasi-constitutional Federal Law: of Tribal Courts and the Indian Civil Rights Act 69 Fordham Law Review 479 (November, 2000) Introduction. 481 I. The Regime of Multiple Authoritative Interpreters of Federal Law in Indian Country. 485 A. The Doctrine That Creates Multiple Authoritative Interpreters of Quasi-constitutional Federal Law. 485 B. Non-ICRA Limits on Tribal Power. 488 II. Tools To Analyze The ICRA Regime of Multiple Authoritative Interpreters. 489 A. The Five... 2000
Mark D. Rosen MULTIPLE AUTHORITATIVE INTERPRETERS OF QUASI-CONSTITUTIONAL FEDERAL LAW: OF TRIBAL COURTS AND THE INDIAN CIVIL RIGHTS ACT 69 Fordham Law Review 479 (November, 2000) Introduction. 481 I. The Regime of Multiple Authoritative Interpreters of Federal Law in Indian Country. 485 A. The Doctrine That Creates Multiple Authoritative Interpreters of Quasi-constitutional Federal Law. 485 B. Non-ICRA Limits on Tribal Power. 488 II. Tools To Analyze The ICRA Regime of Multiple Authoritative Interpreters. 489 A. The Five... 2000
Wendy Crowther Native American Graves Protection and Repatriation Act: How Kennewick Man Uncovered the Problems in Nagpra 20 Journal of Land, Resources,and Environmental Law 269 (2000) In 1990 Congress passed the Native American Graves Protection and Repatriation Act, (NAGPRA or the Act), with the purpose of returning to affiliated tribes Native American remains and cultural objects housed in museums or discovered on federal land and to protect Native American burial sites. The Act requires that all federal agencies and museums... 2000
Sarah M. Patterson Native American Juvenile Delinquents and the Tribal Courts: Who's Failing Who? 17 New York Law School Journal of Human Rights 801 (Symposium 2000) Tribal courts throughout the nation are in a state of despair. Extreme crime rates and the lack of tribal court resources to adjudicate their juvenile offenders result in an overwhelming transfer of jurisdiction to the state, and out of tribal court control. This results in diminished Native American sovereignty, which deprives Native American... 2000
Maury Audet Native American Tribal Names as Monikers and Logos: Will These Registrations Withstand Cancellation under Lanham Act § 2(b) after the Trademark Study on Official Insignia of Native American Tribes? 2 Chicago-Kent Journal of Intellectual Property Prop. 4 (Spring, 2000) I. INTRODUCTION II. TRADEMARK LAW v. NATIVE AMERICAN TRIBAL NAMES/REFERENCES A. Historical Context B. Registrable Subject Matter & Trademark Rights C. Nonregistrable Subject Matter III. NATIVE AMERICAN TRIBAL NAMES v. LANHAM ACT § 2(b) A. Report on the Official Insignia of Native American Tribes (§ 2(b)) 1. Legislative History: Trademark Law... 2000
  Native Americans in South Dakota: an Erosion of Confidence in the Justice System 2000 Federal Sentencing Reporter 33522170 (10/1/2000) South Dakota Advisory Committee to the United States Civil Rights Commission Editor's Note: In March 2000, the South Dakota Advisory Committee submitted a Statement of Concerns, Conclusions, and Recommendations to the U.S. Commission on Civil Rights, which was supported by 12 of the 13 Committee members. A public forum, held in Rapid City on... 2000
Geoffrey Robert Schiveley Negotiation and Native Title: Why Common Law Courts Are Not Proper Fora for Determining Native Land Title Issues 33 Vanderbilt Journal of Transnational Law 427 (March, 2000) The displacement of indigenous populations is an obvious but often-overlooked consequence of worldwide European colonization. Until relatively recently, the rights of these groups have consistently been held to lower standards of protection than those of their colonizing counterparts, partly through the use of doctrines such as terra nullius. While... 2000
John M. Conley Of Contract, Culture, and the Code: Judge Easterbrook and the Cheyenne Indians 16 Touro Law Review 1053 (Summer, 2000) When I first read Judge Easterbrook's opinion in Hill v. Gateway 2000, Inc., I was drawn immediately to his breezy remark, Where's the sense in that? (This rhetorical question was posed with respect to the contention that the Seventh Circuit's earlier holding in ProCD, Inc. v. Zeidenberg should be limited to software.) When I scanned down the... 2000
NORA V. DEMLEITNER, JON M. SANDS Overlooked Areas of Federal Sentencing: Federal Enclaves, Indian Country, Transfer of U.s. Prisoners from Abroad 2000 Federal Sentencing Reporter 33522164 (10/1/2000) Editor, Federal Sentencing Reporter Assistant Federal Public Defender, District of Arizona With drug and immigration offenses crowding the dockets of federal courts and the continued Congressional federalization of large numbers of street crimes, not much attention has been paid to sentences for offenses committed in geographic enclaves over... 2000
Martin S. Weinstein Pieces of the Puzzle: Solutions for Community-based Fisheries Management from Native Canadians, Japanese Cooperatives, and Common Property Researchers 12 Georgetown International Environmental Law Review 375 (Winter, 2000) I. L2-5,T5Introduction 375 II. L2-5,T5Design Principles for Community-Based Management 380 III. L2-5,T5Community-Based Fisheries Management in Canada 383 A. L3-5,T5Aboriginal Fisheries in Canada 384 1. L4-5,T5Coastal Canada: An Overview 384. 2. L4-5,T5Aboriginal Fisheries Management in British Columbia 388. a. The Nisga'a and Gitksan Resource... 2000
  Presentation by Joseph Hill 7 Buffalo Environmental Law Journal 117 (Spring, 2000) I almost didn't make it today because I'm having a little of difficulty speaking so I hope you can hear me in the back. I've got a bit of a cold but the issue is something very near and dear to my heart. I should back up for a second now and say, Nya weh Ska noh. I greet you and say that I hope that you are well and say that I am well. Now I will... 2000
Michael William Dowdle Preserving Indigenous Paradigms in an Age of Globalization: Pragmatic Strategies for the Development of Clinical Legal Aid in China 24 Fordham International Law Journal S56 (2000) Globalization affects access to justice in many ways. Many of these ways are positive. For example, globalization facilitates the formation of transnational communities that can promote access to justice more effectively than can national communities. Globalization also makes it easier for domestic actors seeking to promote domestic access to... 2000
Jackie Barone President Clinton Illuminates the Need for Investment in Native American Communities 24 American Indian Law Review 503 (2000) Accompanied by corporate executives and economic development leaders, President Clinton visited the Pine Ridge Indian Reservation, South Dakota, on July 7, 1999, in effort to highlight the need and potential for new investments in Native American Communities. He is the first sitting President to visit a reservation since Franklin Roosevelt. While... 2000
  Principles and Guidelines for the Protection of the Heritage of Indigenous People 13 Saint Thomas Law Review 405 (Fall, 2000) 1. The effective protection of the heritage of the indigenous peoples of the world benefits all humanity. Its diversity is essential to the adaptability, sustainability and creativity of the human species as a whole. 2. To be effective, the protection of indigenous peoples' heritage should be based broadly on the principle of self-determination,... 2000
Richard Osburn Problems and Solutions Regarding Indigenous Peoples Split by International Borders 24 American Indian Law Review 471 (2000) Over the past few centuries, the United States has grown in size due to the addition of various territories. The acquisition of regions where indigenous peoples are present has created problems for those indigenous peoples. Specifically, in the border areas of the United States (Canada, Mexico, and Alaska), indigenous peoples have been split by... 2000
Cami Fraser Protecting Native Americans: the Tribe as Parens Patriae 5 Michigan Journal of Race and Law 665 (Spring 2000) INTRODUCTION. 666 I. The Doctrine of Parens Patriae. 669 II. Tribes as Sovereign Entities Have Retained Parens Patriae Standing. 673 A. The Nature of Tribal Sovereignty. 674 B. The Federal Government as the Great Father is Not a Bar to Tribal Parens Patriae Standing. 678 C. The Problem of Framing Tribal Sovereignty as Retained. 680 D. The State... 2000
Kevin J. Worthen Protecting the Sacred Sites of Indigenous People in U.s. Courts: Reconciling Native American Religion and the Right to Exclude 13 Saint Thomas Law Review 239 (Fall, 2000) The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage but the right of Indian tribes to impose severance taxes on non-tribal members who extract... 2000
Daniel Twetten Public Law 280 and the Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made into a Right? 90 Journal of Criminal Law and Criminology 1317 (Summer 2000) As central North America gradually became the United States and the United States gradually became a world military and political leader, Indians were marginalized, killed, and cheated. Yet the United States recognized in its Constitution the unique position of tribes. Within sixty years of the birth of the United States, its highest court... 2000
William C. Bradford Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence: the Theory, Practice, and Limitations of Tribal Peacemaking in Indian Dispute Resolution 76 North Dakota Law Review 551 (2000) Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation... 2000
William C. Bradford RECLAIMING INDIGENOUS LEGAL AUTONOMY ON THE PATH TO PEACEFUL COEXISTENCE: THE THEORY, PRACTICE, AND LIMITATIONS OF TRIBAL PEACEMAKING IN INDIAN DISPUTE RESOLUTION 76 North Dakota Law Review 551 (2000) Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation... 2000
Michael R. Newhouse Recognizing and Preserving Native American Treaty Usufructs in the Supreme Court: the Mille Lacs Case 21 Public Land & Resources Law Review 169 (2000) Great nations, like great men, should keep their word. Justice Hugo Black As the United States executed its policy of manifest destiny across North America, it faced a significant hurdle. Native American tribes held property rights in the lands they occupied. The United States entered into treaties to acquire tribal lands in return for... 2000
Angela R. Riley Recovering Collectivity: Group Rights to Intellectual Property in Indigenous Communities 18 Cardozo Arts and Entertainment Law Journal 175 (2000) Holding forth at the spacious treelines with the bears and the crows, the best tellers in the tribes peel peel peel peel their words like oranges, down to the last navel, Mimicked in written forms over winter now, transposed in mythic metaphors, the interior glories from oral traditions burst in conversation and from old footprints on the trail . .... 2000
  Remarks by President Clinton to the Pine Ridge Indian Reservation Community, July 7, 1999 24 American Indian Law Review 505 (2000) THE PRESIDENT: Thank you very much. Thank you. Thank you. Thank you, Mr. President, and thank you to all of you from Pine Ridge and the other tribal leaders who are here for HUD's Shared Vision Conference. I am profoundly honored to be in Pine Ridge and in the Lakota Nation. In fact, to try to demonstrate my appreciation and respect, I would like... 2000
Lauren E. Rosenblatt Removing the Eleventh Amendment Barrier: Defending Indian Land Title Against State Encroachment after Idaho V. Coeur D'alene Tribe 78 Texas Law Review 719 (February, 2000) Judicial affirmation of states' rights is notoriously synonymous with the narrowing of individuals' federal rights and protections. Likewise, holdings in favor of state prerogative have often encroached upon the rights of Indian tribes. In 1997, Idaho v. Coeur d'Alene Tribe removed federal courts as a possible venue for tribes to challenge state... 2000
Catherine A. O'Neill Restoration Affecting Native Resources: the Place of Native Ecological Science 42 Arizona Law Review 343 (Summer, 2000) Restoration, of the environment or anything else, begs the question: to what state or process or vision do restorative efforts aspire? In the context of environmental restoration, this question has been noted, and numerous offerings have followed. The National Research Council's view is that restoration is the return of an ecosystem to a close... 2000
Tim Alan Garrison Review Essay: Recent Works on the History of U.s. Indian Policy 36 Tulsa Law Journal 415 (Winter 2000) Anthony F.C. Wallace, Jefferson and the Indians: The Tragic Fate of the First Americans (The Belknap Press of Harvard University Press 1999). David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice (Austin: University of Texas Press 1997). Robert A. Williams, Jr., Linking Arms Together: American Indian... 2000
David B. Jordan Rolling the Dice on the Cyber-reservation: the Confluence of Internet Gaming and Federal Indian Law 24 American Indian Law Review 455 (2000) In 1968, during an era of dramatically changing social and political values, the United States ended the traumatic and devastating saga of the Native Americans who had suffered through policies of removal, assimilation, and outright termination, by passing the Indian Civil Rights Act. The Civil Rights Act was more than just a bill of personal... 2000
M. P. Singh Securing the Independence of the Judiciary--the Indian Experience 10 Indiana International & Comparative Law Review 245 (2000) We have provided in the Constitution for a judiciary which will be independent. It is difficult to suggest anything more to make the Supreme Court and the High Courts independent of the influence of the executive. There is an attempt made in the Constitution to make even the lower judiciary independent of any outside or extraneous influence. There... 2000
Lorie M. Graham Self-determination for Indigenous Peoples after Kosovo: Translating Self-determination "Into Practice" and "Into Peace" 6 ILSA Journal of International and Comparative Law 455 (Spring, 2000) Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom. However, from the moment those words were first uttered by Wilson there was an almost immediate retreat (most notably by United State's Secretary of State Robert Lansing) out of fear... 2000
Rodina Cave Simplifying the Indian Trust Responsibility 32 Arizona State Law Journal 1399 (Winter, 2000) The concepts of trust or trust fund are nothing new to the legal world. The term trust fund evokes images of rich kids in college living the life of luxury or of an academic institution with a department that is funded through a trust. The word trust also raises images of being able to rely on the integrity of someone or to have confidence... 2000
Richard A. Monette Sovereignty and Survival 86-MAR ABA Journal 64 (March, 2000) A young Anishinabe lawyer had been speaking on the topic of tribal sovereignty for several years before an audience member squarely asked him, What is this tribal sovereignty anyway? The Anishinabe--the Native American word for Indian--was taken aback by the question and deeply troubled by his own response, or utter lack of one. Upon retreating... 2000
Richard A. Monette SOVEREIGNTY AND SURVIVAL 86-MAR ABA Journal 64 (March, 2000) A young Anishinabe lawyer had been speaking on the topic of tribal sovereignty for several years before an audience member squarely asked him, What is this tribal sovereignty anyway? The Anishinabe--the Native American word for Indian--was taken aback by the question and deeply troubled by his own response, or utter lack of one. Upon retreating... 2000
Pamela O'Connor Squaring the Circle: How Canada Is Dealing with the Legacy of its Indian Residential Schools Experiment 28 International Journal of Legal Information 232 (Summer, 2000) Canada, like Australia, is belatedly confronting a problem that has long been denied and ignored. Each country is now reckoning the social costs of past policies which sought to achieve the forced assimilation of indigenous children. In Canada this policy was mainly implemented through laws requiring the compulsory attendance of Indian children at... 2000
  Supreme Court Reviews Mineral and Gas Conveyances to Surface Patentees and Southern Ute Indian Tribe 20 Journal of Land, Resources,and Environmental Law 125 (2000) In Amoco Production Co. v. Southern Ute Indian Tribe, the United States Supreme Court held that mineral land patents initially reserving title in coal to the federal government pursuant to the Coal Lands Acts of 1909 and 1910 did not include an equitable reservation of the coal bed methane gas (CBM gas). Prior to the Court's decision, the... 2000
Annie O. Wu Surpassing the Material: the Human Rights Implications of Informed Consent in Bioprospecting Cells Derived from Indigenous People Groups 78 Washington University Law Quarterly 979 (Fall 2000) From the time man and woman first walked in the Garden of Eden, the world's resources have lain at their feet. Although they soon erected city walls and drew country borders, human beings used natural resources with generous liberality, considering all flora and fauna their rightful inheritance. Using this principle, called the Common Heritage of... 2000
Robert Laurence Symmetry and Asymmetry in Federal Indian Law 42 Arizona Law Review 861 (Winter 2000) It must always be remembered that the various Indian tribes were once independent and sovereign nations, and that their claim to sovereignty long predates that of our own Government. In the eyes of government, we are just one race here. It is American. A good part of the complexity and intrigue of federal Indian law is disclosed by the two... 2000
Siegfried Wiessner , Marie Battiste The 2000 Revision of the United Nations Draft Principles and Guidelines on the Protection of the Heritage of Indigenous People 13 Saint Thomas Law Review 383 (Fall, 2000) In 1990, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities charged Dr. Erica-Irene A. Daes with the preparation of a working paper, and in 1992, a study, on the protection of indigenous cultural heritage. In 1995, Dr. Daes presented a thoroughly researched report with elaborate recommendations on the... 2000
Robert A. Fairbanks The American Indian Law Review's 25th Anniversary Symposium 24 American Indian Law Review 217 (2000) The American Indian Law Review (AILR) was established twenty-five years ago at the University of Oklahoma College of Law to assist in the alleviation of the numerous problems that confront American Indians because of their unique relationship with the federal and state governments and their different social and cultural backgrounds. In... 2000
Eric J. Segall THE BLACK HOLES OF AMERICAN CONSTITUTIONAL LAW 17 Constitutional Commentary 425 (Summer 2000) It has been a little more than ten years since Professor Laurence Tribe published the Second Edition of American Constitutional Law, and now he has returned with the Third Edition (Volume 1). The prior versions of the treatise have already been reviewed by some of this country's most respected constitutional law thinkers. This extensive scholarship... 2000
Alex Tallchief Skibine The Cautionary Tale of the Osage Indian Nation Attempt to Survive its Wealth 9-SUM Kansas Journal of Law & Public Policy 815 (Summer, 2000) In these times of new found Indian wealth from gaming on Indian reservations, it is legitimate to ask the question: Will the United States government ever allow Indian tribes to be both rich and Indian at the same time? The Indian tribes used to be wealthy even by the white man's standard. Their wealth was their land. This is of course the... 2000
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